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Delk, James Anthony P.

Section 3 –

Elements of Sexual Harassment under RA 7877:

1. Committed by an employer, employee, manager, supervisor, agent of the


employer, teacher, instructor, professor, coach, trainor, or any other
person who, having authority, influence or moral ascendancy over another;
2. Committed in a work or training or education environment;
3. The accused demands, requests or otherwise requires any sexual favor from
the other; and
4. Regardless of whether the demand, request or requirement for submission is
accepted by the object of said Act. (Section 3 of RA 7877)

Committed in two different instances:

(a) In a work-related or employment environment, sexual harassment is


committed when:
a. The sexual favor is made: (Pre-condition)
i. as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or
ii. in granting said individual favorable compensation, terms of
conditions, promotions, or privileges; or
iii. the refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in any way
would discriminate, deprive or diminish employment
opportunities or
iv. otherwise adversely affect said employee;
b. The above acts would impair the employee's rights or privileges under
existing labor laws; or
c. The above acts would result in an intimidating, hostile, or offensive
environment for the employee.
(b) In an education or training environment, sexual harassment is committed:
a. Against one who is under the care, custody or supervision of the
offender;
b. Against one whose education, training, apprenticeship or tutorship is
entrusted to the offender;
c. When the sexual favor is made a condition to the giving of a passing
grade, or the granting of honors and scholarships, or the payment of a
stipend, allowance or other benefits, privileges, or consideration; or
d. When the sexual advances result in an intimidating, hostile or
offensive environment for the student, trainee or apprentice.
Section 7. Penalties. - Any person who violates the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than one (1) month nor more than
six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than
Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion
of the court.

Any action arising from the violation of the provisions of this Act shall prescribe in three
(3) years.

Administrative Order 250 (expands the acts proscribed in RA 7877)

Rule IV FORMS OF SEXUAL HARASSMENT

Section 1. Forms of Sexual Harassment. – Sexual harassment may be committed in any


of the following forms:

a) Overt sexual advances;

b) Unwelcome or improper gestures of affection;

c) Request or demand for sexual favors including but not limited to going out on
dates, outings or the like for the same purpose;

d) Any other act or conduct of a sexual nature or for purposes of sexual gratification
which is generally annoying, disgusting or offensive to the victim.

MA. LOURDES T. DOMINGO, petitioner, vs. ROGELIO I. RAYALA, respondent.

“It is not necessary that the demand, request or requirement of a sexual favor be
articulated in a categorical oral or written statement.”

Case Study:

1. Lucy works on the assembly line at an auto parts factory. She eats lunch in the
company break room every day. Because most of the workers are men, the walls of
the break room are adorned with swimsuit pictures of women. Although the photos
and the conversations they generate make her very uncomfortable, Lucy doesn’t
complain to her supervisor. Eventually she starts skipping lunch to avoid the
atmosphere in the break room. As a result, she begins to have trouble staying alert
on the line.
a. No sexual harassment, not committed by persons specified under Sect. 3.
It provides that 1. Committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor, coach,
trainor, or any other person who, having authority, influence or moral
ascendancy over another. In this case, Lucy was only complaining on her co-
workers and not of a person with authority.
Delk, James Anthony P.

b. However, Lucy may complain to the person in charge and may receive
remedy in accordance with their policy.
2. Dave’s boss, Ms. Andrews, consistently compliments him on his clothes, his hair,
and his muscular body, although she does not make similar comments to the rest of
her staff. Dave finds her attentions both flattering and unnerving.
a. Yes, there is sexual harassment. Section 3 of the RA 7877 provides that
sexual harassment is committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor, coach,
trainor, or any other person who, having authority, influence or moral
ascendancy over another in a work or training or education environment,
demands, requests or otherwise requires any sexual favor from the other,
regardless of whether the demand, request or requirement for submission is
accepted by the object of said Act. Furthermore, it is also committed under
the instances mention in Section 3 a (1) and (3) which provides “adversely
affect said employee” and “the above acts would result in an intimidating,
hostile, or offensive environment for the employee.” in this case, Dave finds
her unnerving. Thus, constitutes sexual harassment.
b. The sexual harassment is committed by Mr Andrews.
c. The remedy is a penalty shall be imposed consisting of a fine within Php
10,000-20,000 and/or imprisonment not less than 1 month and not more
than 6 months.
3. Scott’s new secretary begins to attract his attention. Although her performance in
the office is exemplary, she wears very provocative clothes and seems to take any
opportunity to touch Scott or brush too closely past him in the hall. Then he notices
that she tends to shift office conversation from business to personal topics. Late one
afternoon, she suggests they continue their work over dinner. He declines but her
attentions persist. Uncomfortable with the situation and afraid of what she might
claim if he complained about her behavior, he requests a transfer to another work
group, despite the resulting pay cut. No, because no sexual favor is requested
or demanded. What was only requested is to transfer the secretary to
another work group.
4. Carrie’s boss, Mr. Matthews, asks her out repeatedly, despite her consistent
refusals. Although her co-workers tell her she should report his behavior, Carrie
considers it only a minor annoyance and takes no action. Mr. Matthews also makes
repeated requests to date Molly, one of Carrie’s co-workers. When Mr. Matthews
ignores Molly’s refusals, she reports him to their supervisor.
a. Yes, there is sexual harassment. Section 3 of RA 7877 provides that
“sexual harassment is committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor, coach,
trainor, or any other person who, having authority, influence or moral
ascendancy over another in a work or training or education environment,
demands, requests or otherwise requires any sexual favor from the other,
regardless of whether the demand, request or requirement for submission is
accepted by the object of said Act.” In this case, the act is committed by a
person of authority considering that Mr. Matthews is the boss; it is committed
in a working environment; and the sexual favour arises when the boss
repeatedly asks for a date; and it falls under the instances mentioned in
Section 3 (1) a and c “…otherwise adversely affect said employee” and “acts
would result in an intimidating, hostile, or offensive environment for the
employee.
b. Committed by Ms. Matthews.
c. The remedy is a penalty shall be imposed consisting of a fine within Php
10,000-20,000 and/or imprisonment not less than 1 month and not more
than 6 months. Or any other penalty which may be imposed in their company
under their policy.
5. After working on a large project together for six months, Jake and Anna became
good friends. At the conclusion of the project, they returned to their regular
responsibilities in their different work groups. Although they have little work-related
contact in the office anymore, Jake continues to call her several times a week. Now
their conversations are about personal rather than professional topics. Suspecting
that Jake might want to start dating her, Anna tells him she needs to keep their
relationship professional. Despite this clarification, Jake sends her flowers at the
office and buys her expensive gifts, clearly to change her mind.
a. No Sexual Harassment because the first element is missing. Section 3
of RA 7877 provides that Sexual harassment iss Committed by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor,
professor, coach, trainor, or any other person who, having authority,
influence or moral ascendancy over another;
b. Remedy may be provided if complained to the person in authority and from
policies provided by their company.
6. Struggling in class, Chris visits the teaching assistant’s office for help with an
assignment. The office is sparsely furnished and decorated except for a large black-
and-white photo of two naked men, although only the sides of their body are
revealed. Appalled that this photo could be displayed in a university office, Chris
complains to the head of the department.
a. No sexual harassment. Because the sparsely furnishing and decorating was
already present prior to chris’ request to help him with his assignment.
Because the act was done prior to the favor asked.

 Kindly Identify each case if it is constituted as sexual harassment and answer the
following questions below:
 If it is Sexual Harassment, identify what elements of the situation make it sexual
harassment. Who is doing the harassing and who is being harassed? What should
be done to remedy the situation?
 If not, identify what the situation is lacking. In other words, what would need to
be changed for the situation to constitute sexual harassment? What could have
been done to prevent the situation? What can be done to remedy the situation
now?
 Research on sexual harassment (source: Student Handbook, Republic Act 7877 Anti-Sexual
Harassment Act of 1995 and House Bill No 8244) as your guideline to apply and answer the
following questions provided. Use you research as your supporting statements to answer
those question, failing to do so is an automatic deduction on your case study/quiz.
 This should be typewritten in bullet form with explanation of each case and will be
presented in the day of reporting. You will be graded based on the rubric that is provided
at the back of the page